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Delhi Court April 2017 Judgments

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Apr 28 2017

M/S Bls International Services Ltd. Vs.ministry of External Affairs, G ...

Court: Delhi

Decided on: Apr-28-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:28. h April, 2017 + W.P.(C) 3747/2016, C.M. APPL.15943/2016 (for stay) M/S BLS INTERNATIONAL SERVICES LTD. ........ Petitioner Through : Sh. Dayan Krishnan, Sr. Advocate with Sh. Arvind Sharma and Sh. Abhishek Singh, Advocates. versus MINISTRY OF EXTERNAL AFFAIRS, GOVT. OF INDIA & ORS ........ RESPONDENTS Through : Sh. Kirtiman Singh, CGSC with Sh. Prateek Dhanda and Sh. Waize Ali Noor, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE YOGESH KHANNA MR. JUSTICE S. RAVINDRA BHAT % 1. The petitioner in these proceedings under Article 226 of the Constitution of India is aggrieved by the rejection of its bid for the outsourced visa and other related services, for which tenders were invited by the Ministry of External Affairs of the Government of India ("GOI"), on W.P.(C) No.3747/2016 Page 1 of 14 20.01.2016. It seeks for an order quashing the respondent's decision to reject its tender.2. The petitioner is a busin...


Apr 28 2017

Regional Provident Fund Commissioner vs.e.p.f. Appellate Tribunal & An ...

Court: Delhi

Decided on: Apr-28-2017

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: April 28, 2017 W.P.(C) 3321/2001 REGIONAL PROVIDENT FUND COMMISSIONER ........ Petitioner Through: Ms. Reema Khorana, Advocate versus .....Respondents E.P.F. APPELLATE TRIBUNAL & ANR. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR Through: Nemo % (ORAL) 1. JUDGMENT... Petitioners order of 12th July, 2000 under Section 14-B of The Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the EPF Act) levying damages for belated remittances of provident fund and other contributions by second respondent herein, during the period from September, 1990 upto November, 1999 stands modified by the Employees Provident Fund Appellate Tribunal (hereinafter referred to as the Tribunal) vide order of 4th January, 2001, which is impugned by this petition.2.... Petitioner vide order of 12th July, 2000 imposed damages of `3,96,842/- (Rupees Three Lac Ninety Six Thousand Eight Hundred and Forty Two) on account of def...


Apr 28 2017

M/S Himachal Futuristic vs.i.t.i Ltd.

Court: Delhi

Decided on: Apr-28-2017

$~OS-20 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28. 04.2017 O.M.P. 54/2013 M/S HIMACHAL FUTURISTIC ........ Petitioner Through Mr.Rakesh Tiku, Sr.Advocate with Mr.Vivek Ojha & Mr.Sandeep Kumar, Advocates for the HFCL versus I.T.I LTD. Through Mr.Ashok Kumar Singh, Sr.Advocate with Mr.Prannoy Raikhy, Advocate for ITI .... Respondent CORAM: HON'BLE MR. JUSTICE JAYANT NATH * % + JAYANT NATH, J.(ORAL) I.A.No.1105/2017 1. This is an application filed under Section 5 of the Limitation Act seeking condonation of delay of 40 days in re-filing of the objections under Section 34 of the Arbitration and Conciliation Act.2. The petitioner has filed objections to the award dated 07.07.2012. The dispute centres around the delay in re-filing of the objections. This court on 09.01.2015 allowed this application noting that there was a genuine issue regarding objections raised by the Registry about the court fees that was required to be paid on the amount awarded by the arbitrator. The c...


Apr 28 2017

Chander Shekhar @ Chandu vs.the State ( Nct of Delhi)

Court: Delhi

Decided on: Apr-28-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:22. d March, 2017 Decided on:28. h April, 2017 CRL.A. 592/2016 & Crl.M.B. 1261/2016 CHANDER SHEKHAR @ CHANDU Represented by: Mr. V.K. Katiyar, Adv. ..... Appellant versus THE STATE ( NCT OF DELHI) ..... Respondent Represented by: Mr. Ravi Nayak, APP with SI CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA Vikas PS Sonia Vihar.1. Chander Shekhar @ Chandu challenges the impugned judgment dated 9th May, 2016 convicting him for offences punishable under Section 451 IPC and Section 8 of Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act) and the order on sentence dated 12th May, 2016 directing him to undergo rigorous imprisonment for a period of three years and to pay a fine of `5,000/- for offence punishable under Section 8 of POCSO Act and rigorous imprisonment for a period of one year and to pay a fine of `1,000/- for the offence punishable under Section 451 IPC.2. Assailing the conviction, learned counsel for the app...


Apr 28 2017

Govt. Of Nct of Delhi thr.secretary ( Land & Building Department) vs.b ...

Court: Delhi

Decided on: Apr-28-2017

$~32 * + IN THE HIGH COURT OF DELHI AT NEW DELHI LPA3112017 Date of Decision:28. 04.2017 GOVT. OF NCT OF DELHI THR.SECRETARY ( LAND & BUILDING DEPARTMENT) ..... Appellant Through: Mr.Bijara Mahapatra, Advocate versus BALDEV SINGH & ANR. Through: ........ RESPONDENTS CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE ANU MALHOTRA ANU MALHOTRA, J CM No.15930/2017 (for exemption) JUDGMENT (ORAL) Exemption allowed, subject to just exceptions. CM No.15929/2017 (condonation of delay) Having heard learned counsel for the appellant, we are satisfied that the appellant has adequately explained the delay of 107 days which has occasioned in filing the appeal within the statutory period of limitation. The delay in filing the appeal is condoned. The application is allowed. LPA3112017 1. The appellant assails the order dated 9th September, 2016 by the LPA3112017 Page 1 of 4 learned Single Judge in WP(C) 5501/2015 wherein the learned Single Judge was pleased to accept the explanation given b...


Apr 28 2017

Canara Bank vs.union of India & Ors.

Court: Delhi

Decided on: Apr-28-2017

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: April 28, 2017 CANARA BANK W.P.(C) 14294/2004 ........ Petitioner Through: Mr. Vaibhav Kalra and Mr. Jasbir Bidhuri, Advocates with Mrs. Tanu Goel, Manager versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Nikhil Malhotra and Mr. Harman Singh, Advocates for respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % (ORAL) JUDGMENT Impugned Award of 22nd April, 2004 directs reinstatement of respondent-workman in service with continuity and all consequential benefits except back wages, upon finding that the dismissal of respondent was unjustified. Respondent-workman was working as Class-IV/Sub-staff with petitioner-Bank when his services were terminated on 5th December, 1989. Respondent was departmentally tried on the following charge: - CHARGE M/W Indo Burma Petroleum Ltd have been maintaining collection account without R.P.Road Branch, Dehradun. On 30.9.1988 a cheque for 63,606/- drawn on State Bank of India, Slapper, ...


Apr 28 2017

Rampal Singh & Ors vs.nct of Delhi & Ors

Court: Delhi

Decided on: Apr-28-2017

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:28. h April, 2017 + W.P.(CRL) 1237/2017 RAMPAL SINGH & ORS ........ Petitioners Through: Mr. Javed Ali , Advocate with Mr. Anish Roy, Adv. versus NCT OF DELHI & ORS ........ RESPONDENTS Through: Mr. Avi Singh, ASC for the State with Ms. Anya Singh, Advocate SI Anil Kumar, PS Civil Lines CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) Crl.M.A. 6948/2017 (exemption) Exemption allowed subject to all just exceptions. Application stands disposed of. W.P.(CRL) 1237/2017 1. By this writ petition (criminal) invoking Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), the petitioners pray for quashing of First Information Report (FIR) No.251/2016 of Police Station Civil Lines involving offences punishable under Sections 323/307/5of the Indian Penal Code, 1860 (IPC) read with Section 25/27/of the W.P. (Crl.) 1237/2017 Page 1 of 10 Arms Act, 1959, primarily on the grounds that...


Apr 28 2017

Land & Building Department vs.surender Singh & Ors.

Court: Delhi

Decided on: Apr-28-2017

$~30 * + IN THE HIGH COURT OF DELHI AT NEW DELHI LPA3092017 Date of Decision:28. 04.2017 LAND & BUILDING DEPARTMENT ..... Appellant Through: Mr.Biraja Mahapatra, Advocate versus SURENDER SINGH & ORS. Through: ........ RESPONDENTS CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE ANU MALHOTRA ANU MALHOTRA, J CM No.15915/2017 (for exemption) JUDGMENT (ORAL) Exemption allowed, subject to just exceptions. CM No.15914/2017 (condonation of delay) Having heard learned counsel for the appellant, we are satisfied that the appellant has adequately explained the delay of 163 days which has occasioned in filing the appeal within the statutory period of limitation. The delay in filing the appeal is condoned. The application is allowed. LPA3092017 1. The appellant assails the order dated 9th September, 2016 by the learned Single Judge in WP(C) 5496/2015 wherein the learned Single LPA3092017 Page 1 of 4 Judge was pleased to accept the explanation given by the respondents for the delay in se...


Apr 28 2017

Dr Shivendra Kumar Singh & Ors vs.bhanu Pratap & Ors

Court: Delhi

Decided on: Apr-28-2017

$~19 * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CONT.CAS(C) 882/2016 DR SHIVENDRA KUMAR SINGH & ORS ........ Petitioners Through Pt.Gaurav Sharma with Mr.Mukesh Sharma, Advocates. versus BHANU PRATAP & ORS ........ RESPONDENTS Through Mr.T.Singhdev with Ms.Biakthan Sangi, Ms.Puja Sarkar and Mr.Tarun Verma, Advocates for MCI. Mr.Prashant Kumar with Mr.Saurabh Suman, Ms.Charu Ambani and Mr.Anirudh Singh, Advocates for R Date of Decision:28. h April, 2017 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. Present contempt petition has been filed alleging wilful disobedience of the order dated 04th March, 2016 in W.P.(C) No.1854/2016, whereby the College-National Institute of Medical Sciences was directed to submit its compliance report with regard to the deficiencies within a period of one week and further, the respondent-MCI was directed to complete the re-assessment process within a maximum period of four weeks. Cont.Cas(C) No.882/2016 Page 1 of 5 2. In the present c...


Apr 28 2017

Raju Kumar Sah vs.union of India & Ors.

Court: Delhi

Decided on: Apr-28-2017

$~12. * + IN THE HIGH COURT OF DELHI AT NEW DELHI WRIT PETITION (CIVIL) No.8301/2016 Date of decision:28. h April, 2017 RAJU KUMAR SAH ........ Petitioner Through Mr. Mr. Sanjiv K. Saxena, Mr. Ramneek Mishra & Mr. Mukesh Kumar Tiwari, Advocates. versus ........ RESPONDENTS Through Mr. Ankur Chhibber, Advocate. UNION OF INDIA & ORS. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA SANJIV KHANNA, J.(ORAL): By the instant writ petition, the petitioner-Raju Kumar Sah, impugns the termination order dated 20th October, 2015.2. The primary contention of the petitioner is that the respondents have erroneously concluded and affirmed that the 12th Class certificate of the petitioner was invalid, being from an unrecognised Board.3. The petitioner had produced and relied upon the Class 12 certificate issued by the Board of Secondary Education, Madhya Bharat, Gwalior, for having qualified Intermediate Examination (10+2) in 2011. The certificate and marksheet are on rec...


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